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(영문) 광주지방법원 2019.05.09 2018가합55147
사해행위취소
Text

1. As to C Co., Ltd. between the defendant and C Co., Ltd.

Reasons

1. Facts of recognition;

A. On October 14, 2016, the Plaintiff paid the acquisition price for bonds to C (hereinafter “C”) to the Plaintiff Company C (hereinafter “C”).

(B) A contract was concluded with C to acquire bonds worth KRW 2.5 billion in face value (payment: KRW 2.5 billion, and the date of issuance of bonds: October 17, 2016; maturity: October 16, 2018; interest rate: 3.5% per annum; hereinafter referred to as “bonds contract”).

(2) According to the corporate bond contract, the Plaintiff paid C a total of KRW 1.5 billion on November 18, 2016, KRW 650 million on November 30, 2016, KRW 650 million on November 30, 2016, KRW 200 million on March 10, 2017, KRW 1.5 billion on April 28, 2017, and did not pay the remainder of KRW 1.5 billion.

B. C’s purchase of E site 1) C is a corporation D (hereinafter “D”) on November 23, 2016.

(E) and the building of Gwangju Northern-gu E large 2519 square meters and its ground (hereinafter referred to as “E site”).

) A contract was concluded to purchase KRW 5 billion (hereinafter referred to as “E Site Sales Contract”).

(2) A) As the purchase price stipulated in a sale and purchase contract for E site, C paid KRW 1.5 billion to D, KRW 3 billion on November 23, 2016, KRW 200 million on November 30, 2016, KRW 200 million on January 23, 2017, KRW 200 million on January 31, 2017, and KRW 1.5 billion on March 14, 2017, but did not pay the remainder of KRW 3.5 billion.

3) On June 28, 2017, D filed a lawsuit to confirm that the sales contract was rescinded by C delayed performance of the E site purchase price (Seoul District Court Decision 2017Gahap55591). C around October 2017, C entered into a contract with the Defendant to transfer a claim for the refund of purchase price (hereinafter “claim for the refund of sale price”) from D where the sales contract for E site is rescinded in the future.

(hereinafter “instant assignment contract”). 2C cancels a sales contract with D on November 29, 2017, and 1.5 billion won, excluding penalty of 200 million won, out of the purchase price paid by C in D, the remainder of 1.3 billion won shall be returned to the Defendant according to the instant assignment contract, and D shall be brought against C.

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